Understanding the Understanding the Criminal Justice SystemCriminal Justice System

CJUS 101CJUS 101

Chapter 13: Inmate RightsChapter 13: Inmate Rights

RightsRights1.1. Prison conditions and inmate rightsPrison conditions and inmate rights

a. a. Civil deathCivil death - considered “- considered “deaddead” civilly ” civilly - if convicted of a felony- if convicted of a felony

(1) (1) Lost all civil rightsLost all civil rights- recognized by courts until 1871- recognized by courts until 1871- Sec. 1983, Civil Rights Act of - Sec. 1983, Civil Rights Act of

18711871

(2) (2) Denied various rightsDenied various rights

RightsRights- right to vote- right to vote- hold public office- hold public office- enter into public contracts- enter into public contracts- possess a firearm- possess a firearm

(2) (2) Changed over past 50 yearsChanged over past 50 years- have most constitutional rights- have most constitutional rights- except voting / firearms- except voting / firearms

(3) (3) Until early 1960sUntil early 1960s- courts would not hear lawsuits- courts would not hear lawsuits

RightsRights- no means of challenging conditions- no means of challenging conditions

(a) Basic assumptions:(a) Basic assumptions:- corrections not a judicial matter- corrections not a judicial matter- convicted persons civilly dead- convicted persons civilly dead

(b) Prisoners relinquished (b) Prisoners relinquished constitutionalconstitutional

right and privilegesright and privileges

b. b. Prisoner rights movementPrisoner rights movement- Civil Rights Act ended ‘- Civil Rights Act ended ‘hands-offhands-off’ doctrine’ doctrine

RightsRights(1) (1) Inmates protected by ConstitutionInmates protected by Constitution

- applied only to the federal - applied only to the federal systemsystem

(2) (2) States brought in at later timeStates brought in at later time- no lawsuits until 1960s- no lawsuits until 1960s

(3) (3) Filing lawsuits by inmatesFiling lawsuits by inmates- 5 ways to make legal challenge- 5 ways to make legal challenge

(a) (a) State Habeas Corpus challengeState Habeas Corpus challenge- bring the body forward - bring the body forward

RightsRights- judge will hold hearing- judge will hold hearing- unfairly incarcerated- unfairly incarcerated- rights violated- rights violated

(b) (b) Federal Habeas Corpus Federal Habeas Corpus challengechallenge

- filed directly into federal - filed directly into federal courtcourt

(c) (c) State Tort SuitState Tort Suit- civil case filed- civil case filed- against officers / institution- against officers / institution- change practice / no money- change practice / no money

RightsRights(d) (d) Federal Civil Rights SuitFederal Civil Rights Suit- 1983 lawsuit- 1983 lawsuit- monetary award / attorney fees- monetary award / attorney fees

(e) (e) Class Action SuitClass Action Suit- brought by federal government- brought by federal government- all inmates receive consideration- all inmates receive consideration

(4) (4) Led to thousands of lawsuitsLed to thousands of lawsuits- would sue for any reason- would sue for any reason- abuse / food / cell size / speech / - abuse / food / cell size / speech /

etc.etc.

RightsRights(a) Officials required to bring (a) Officials required to bring

lawsuitlawsuitbefore courtbefore court

(b) Produced few changes(b) Produced few changes- considered nuisance suits- considered nuisance suits

(c) Some dramatic effects(c) Some dramatic effects- food / religion / - food / religion /

overcrowding /overcrowding / punishment / dress punishment / dress

(d) Suits flooded court system(d) Suits flooded court system

RightsRights2.2. Changes madeChanges made

a. a. Profile of ‘Profile of ‘typical inmatetypical inmate’’

(1) (1) 95.6%95.6% male male

(2) (2) 49.7%49.7% Caucasian Caucasian

(3) (3) 72.4%72.4% under age 34 under age 34

(4) (4) 53.7%53.7% single single

RightsRights(5) (5) 61.6%61.6% less than 12 years education less than 12 years education

(6) (6) 54.6%54.6% convicted of violent crimes convicted of violent crimes

b. b. Basic rightsBasic rights (1 (1stst / 4 / 4thth / 5 / 5thth / 6 / 6thth / 8 / 8thth / 14 / 14thth))

(1) (1) Freedom of speechFreedom of speech- historically, denied use of - historically, denied use of

mail/phonemail/phone- incoming / outgoing mail - incoming / outgoing mail

censoredcensored- calls monitored- calls monitored- denied access to media- denied access to media

RightsRights(a) Supreme court struck down(a) Supreme court struck down

- posed a threat to security- posed a threat to security

(b) Mail(b) Mail- personal / legal / religious- personal / legal / religious- right to receive publications- right to receive publications- can be limited- can be limited

(2) (2) Freedom of religionFreedom of religion-historically, a feature of prison life-historically, a feature of prison life- inmates had to attend services- inmates had to attend services

RightsRights(a) Restrictions(a) Restrictions

- security / economic - security / economic reasons /reasons /

belief of the wardenbelief of the warden- aimed at religious rituals- aimed at religious rituals

(b) Lawsuits by ACLU(b) Lawsuits by ACLU- Black Muslims- Black Muslims- prohibited from banning- prohibited from banning- restrict those who abuse- restrict those who abuse- no special diet- no special diet- American Indian religion- American Indian religion

RightsRights(c) Grooming / clothing(c) Grooming / clothing

- left up to states- left up to states- haircuts / beards also- haircuts / beards also

(3) (3) Right to privacy Right to privacy (4(4thth Amendment) Amendment)- addresses people in a free society- addresses people in a free society

(a) No reasonable expectation(a) No reasonable expectation

(b) Provide custody / care / control(b) Provide custody / care / control- surveillance / inspection / - surveillance / inspection /

searchsearch

RightsRights- even employees lose some- even employees lose some

expectation to privacyexpectation to privacy

(4) (4) Due processDue process

(a) Court ruled on “(a) Court ruled on “good timegood time””- advance notice- advance notice- hold hearing- hold hearing- obtain assistance (no - obtain assistance (no

attorney)attorney) - call witnesses- call witnesses

(b) No right in prisoner transfer(b) No right in prisoner transfer

RightsRights(5) (5) Cruel / unusual punishmentCruel / unusual punishment

- 8- 8thth Amendment Amendment

(a) Court ruled on:(a) Court ruled on:- prison brutality / medical - prison brutality / medical

serviceservice- overcrowding / exercise options- overcrowding / exercise options- food / clothing / others- food / clothing / others

(b) Allowed double bunking(b) Allowed double bunking- not lead to filth / disease- not lead to filth / disease- does not have to be kept clean- does not have to be kept clean

RightsRights(c) No limit on participation in (c) No limit on participation in

programsprograms

(d) Did restrict solitary (d) Did restrict solitary confinementconfinement

- requires outside lighting- requires outside lighting

(e) Prohibited corporal punishment(e) Prohibited corporal punishment

(6) (6) RehabilitationRehabilitation- no constitutional right- no constitutional right- to treatment / rehabilitation- to treatment / rehabilitation- state courts can impose- state courts can impose

RightsRights(7) (7) Medical servicesMedical services

- provide adequate services- provide adequate services- not cure all ills- not cure all ills

(8) (8) Labor unionsLabor unions- no right to form or to join- no right to form or to join

3.3. Correctional officer rightsCorrectional officer rights- right to safety and protection- right to safety and protection

a. a. Situations requiring several staff Situations requiring several staff membersmembers

RightsRights- provided safety equipment- provided safety equipment- vests / helmets / shields / baton- vests / helmets / shields / baton

(1) (1) Steps to insure safetySteps to insure safety

(2) (2) Right to use forceRight to use force- reasonable / necessary- reasonable / necessary

(3) (3) Right to workRight to work- both male / female officers- both male / female officers- right to compete for positions- right to compete for positions

RightsRights(4) (4) Right to negotiateRight to negotiate

- work agreements / contracts- work agreements / contracts

4.4. Prisoners: A profilePrisoners: A profile- inmate characteristics- inmate characteristics- selection: social / economical- selection: social / economical

a. a. EconomicalEconomical - people at lower end of economic - people at lower end of economic

scalescale - sent to prison more often- sent to prison more often - limited work opportunities / work - limited work opportunities / work

skillsskills

RightsRights- crime becomes legitimate endeavor- crime becomes legitimate endeavor

b. Socialb. Social- biased CJ system- biased CJ system- discrimination found at all levels- discrimination found at all levels

(1) (1) Largest number of offendersLargest number of offenders- young / black- young / black

(2) (2) CaliforniaCalifornia: 847 Blacks per : 847 Blacks per 100,000100,000

- 297 Hispanic / 95 White- 297 Hispanic / 95 White

RightsRights5.5. Recidivism and crimeRecidivism and crime

- most discouraging aspect- most discouraging aspect

a. a. TendencyTendency - continue in life of crime- continue in life of crime - after arrest / conviction / sentencing - after arrest / conviction / sentencing

forforearlier crimesearlier crimes

b. b. Revolving doorRevolving door - each year: 260,000 felons to - each year: 260,000 felons to

probationprobation - do little or no time- do little or no time

RightsRights(1) (1) 4 out of 54 out of 5: have prior convictions: have prior convictions

- half have 3 prior convictions- half have 3 prior convictions- 1/5- 1/5thth have at least 6 prior have at least 6 prior

convictionsconvictions

(2) (2) Washington stateWashington state- 75% recidivist rate- 75% recidivist rate- 60% second incarceration- 60% second incarceration

c. c. Death row inmatesDeath row inmates- over 3,000 on death row- over 3,000 on death row- 2/3s convicted of prior felony- 2/3s convicted of prior felony

RightsRights- 1 in 11 were repeat offenders- 1 in 11 were repeat offenders- 1/3- 1/3rdrd on probation / parole at time on probation / parole at time

6.6. Reduction of crimeReduction of crime- incapacitation- incapacitation

a. a. Reduce crime by locking upReduce crime by locking up - complete sentence reduces crime - complete sentence reduces crime

by 25%by 25%

b. b. Serve average of 35% maximum Serve average of 35% maximum sentencesentence

- 15 years: 5 to 6 / 10 years: 3½ - 15 years: 5 to 6 / 10 years: 3½

RightsRightsc. c. Median time servedMedian time served

- murder:- murder: 5 years / 10 months5 years / 10 months- rape:- rape: 3 years / 11 months3 years / 11 months- robbery:- robbery: 2 years / 3 months2 years / 3 months- assault:- assault: 1 year / 4 months1 year / 4 months

7.7. Prison violencePrison violence- first American prison riot was 1774- first American prison riot was 1774

a. a. Fear of recurring violence plagues Fear of recurring violence plagues countrycountry

- represent worse form of violence- represent worse form of violence

RightsRights(1) (1) RiotsRiots

- prison violence- prison violence- think of riots- think of riots- relatively rare events- relatively rare events

(2) (2) Most common prison violenceMost common prison violence??- day to day confrontations- day to day confrontations- among inmates- among inmates- between inmate / correctional - between inmate / correctional

officerofficer

b. b. HistoricallyHistorically

RightsRights- 300 riots since 1900- 300 riots since 1900

(1) (1) Definition of riotDefinition of riot- participation of 15 or more- participation of 15 or more- resulting in property damage / - resulting in property damage /

injuryinjury

(2) (2) MajorityMajority- violence between / among - violence between / among

inmatesinmates- fights / stabbings / beatings- fights / stabbings / beatings

(3) (3) Two types of violenceTwo types of violence

RightsRights(a) Instrumental(a) Instrumental

- provides aggressor with - provides aggressor with power power

and statusand status- improves self-image- improves self-image- sense of dominance over - sense of dominance over

victimvictim- most prevalent- most prevalent

(b) Expressive(b) Expressive- response to tension produced- response to tension produced in prison environmentin prison environment- riots are usually expressive- riots are usually expressive